The Drug fLaws.com analysis of the drug laws by dennis mcbride
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HORROR STORIES
Herbert and Evelyn Giglotto were asleep in their home when the front door
blew open. They watched in terror, clutching each other, as five longhaired men
with guns rushed into their bedroom. "My God we're dead," thought Giglotto.
The men grabbed Giglotto, threw him to the floor, and pressed a gun to his
head, while one of them screamed. Where's it at? Where's it at?" When Giglotto
tried to answer, the one holding the pistol on him growled, "You son of a bitch,
you move and you're dead."
Then the men started smashing furniture, pulling pictures off the wall, dumping
drawers. "Where's it at?" they yelled. Slowly Giglotto began to understand that
these "hippies" were actually - police! He had no idea what they were looking
for and after an hour of finding nothing they began to leave.
"That's it?" Giglotto asked them. "You just kicked in my door, threatened my life,
called my wife a whore and a bitch. Can you explain to me why you did this?"
The leader spun on his heel and knocked Giglotto to the floor. "Shut up your
mouth, boy." he said, and they disappeared into the night.
From the Giglotto's house, these same men drove across town and kicked in
the door of Donald Askew, who along with his wife, Virginia, and their sixteen-
year old son, Michael, were terrorized. Ransacking the house for about an hour,
they left as abruptly as they did the Giglotto's home.
The men were agents of the Office of Drug Abuse and Law Enforcement
(ODALE). They had the wrong house - twice! ODALE director Myles Ambrose
was hardly apologetic:
"Drug people are the very vermin of humanity. Occasionally we must
adopt their dress and tactics."
“We have guided missiles and misguided men.”
Martin Luther King, Jr.
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2. In the summer of 1998, the Houston police,
acting on a tip that Pedro Oregon Navarro was
dealing drugs, rushed into his apartment, shooting
him twelve times. (9 times in the back) The
apartment and the dead suspect were clean. The
informant had lied. Oregon, 22, had nothing
whatsoever to do with dealing drugs.
3. On March 26, 1987, the Jeffersontown, Kentucky, police raided the home
of 24 year-old Jeffery Miles on an anonymous tip that Miles was a drug dealer.
Miles, who had no criminal record, was killed in the raid. No drugs were found.
4. In 1988, the San Diego police acting on an anonymous tip broke into the
home of 56 year-old Tommy Dubose. Dubose was shot dead by the police as
he sat in his livingroom. No drugs were found in his home.
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No, these guys aren’t looking for terrorists. This is urban
warfare in a US neighborhood. Notice that each officer is
armed and ready to shoot.
5. Donald Scott, a half-blind 61 year-old, was shot
dead as the Los Angeles sheriffs raided his home in
Ventura County, California, on October 2, 1992. They
were looking for marijuana plants.
None were found.
6. April 17, 1995: In Beaver Dam, WI, Sheriff's deputies raid the trailer home of
29 year-old Scott W. Bryant as part of a search warrant to look for drugs; shoot
and kill Bryant in front of his 7 year-old son. Three grams of marijuana found.
7. In August 1999, armed men shot their way into a El Monte, California,
home, set off a flash-bang grenade, then ran into a bedroom where Mario Paz, a
64-year-old grandfather, and his wife had been sleeping. One of the gunmen shot
Paz in the back twice, killing him. The invaders were cops, looking for evidence of
drug dealing. No evidence was found.
8. On October 4, 2000, 61 year old John Adams of Lebanon, Tennessee, was
gunned down by police raiding the wrong house looking for drugs. He was
watching tv when armed men burst through the door. His wife Loraine Adams,
who said that the armed invaders did not identify themselves as police until after
the shooting, was handcuffed and thrown onto her knees in a different room while
her husband bled to death.
9. On a tip that George Timothy Williams was a major marijuana dealer,
Eden, Idaho, sheriffs raided his home on January 3, 2001, in which Williams and
two sheriffs wound up dead after a brief shoot-out. Four grams were found in the
house. The "tip" had come from a girl who had been hounded and threatened by
the sheriffs to give up a name, any name, as she had had a run-in with them due
to her own drug habit. She had already lost two of her children to the state, and
now the sheriffs were threatening to take the third. "Tim" as Williams was known
to his friends, came to her mind. They had smoked pot together before. It is not
certain why the raid erupted in gun fire, except that a friend of Tim's said he did
own a gun and he was hard of hearing, perhaps the explosive sound of the door
breaking in from the violent raid scared him to respond or it was simply
self-defense.
10. MODESTO, Calif., September 13, 2000: The
SWAT officer stood over Alberto Sepulveda, aiming his
shotgun at him. The military-soldier-police-officer was
screaming for the 11 year-old to lie down on the floor with
his arms stretched out. Alberto did as he was told.
Other soldier-police-officers were running throughout the
rest of the house. They were looking for drugs. 30
seconds later, the shotgun went off, hitting young Alberto
in the back killing him instantly. A huge, bloody hole that
went straight through the floor. An "unintentional
discharge." (Oops!) No drugs were found.
The City of Modesto paid $450,000 to the family.


11. Esequeil ("Zeke") Hernandez lived on a small
Texas farm along the Rio Grande outside of Redford,
population 100. A sophomore in high school, Zeke was
out tending the family goats on May 20, 1997, when U.S.
Marines, assigned to enforce drug trafficking along the
border, were out on patrol. Once the Marines spotted
him, they fired, without warning, killing young Zeke, under
authority of drug enforcement.
12. In another Texas town, the police broke into Annie Rae Dixon's home on
the basis of an informant that she was selling drugs. The police shot and killed
Ms. Dixon in the raid. Ms. Dixon, 84 years-old, was bedridden. No drugs were
found.
13. Ismael Mena, father of nine, worked the night-shift at the Coca-Cola
bottling plant. One day while he was asleep in his bed the Denver SWAT team
burst into his home awakening him. Nervously, Mr. Mena grabbed his .22 pistol.
When the police rushed into his bedroom they yelled at him to drop the gun. Mr.
Mena got off one word, "Policia?" He was instantly shot in the head and chest,
then shot six more times. No drugs were found in his home. The police had the
wrong house. Denver mayor Wellington Webb offered this statement to explain the
horrible incident: "Mr. Mena would be still alive today if he just didn't have a gun."
14. BETHLEHEM, PENN. 1997: 22 year-old man shot to death during drug
raid. His home also destroyed by fire ignited by flash grenade. City pays $8 million
to family and landlord.
15. January 2005: Police in Niagara Falls, NY, throw a flash bang grenade into
an apartment during a marijuana raid which caused a young girl to be
hospitalized with serious burns. Rhiannon Kephart, 18, was in bed at the Niagara
Falls residence when the Niagara Falls Police Quick Entry Team tossed the
incendiary device into the apartment, where it exploded, burning her. Police
conceded that Kephart was neither a target of the raid nor trying to impede their
heroic endeavors.
16. NEW YORK. 2003: Alberta Spruill, 57,
suffered a fatal heart attack after police stormed
her Harlem apartment and detonated a stun
grenade while searching for a suspect who didn't
live there and was already in custody. The police
were acting on an informant's tip.
"[A]cross the country, too many innocent civilians have been killed,
injured or traumitized. Police officers also have lost their lives in
accidental shootings by fellow officers during these adrenaline-fueled
raids gone bad."
[Editorial; USA Today; April 26, 2004; p. 17A]
The editorial went on to say, "some risk is always involved trying to catch drug
dealers." (id.) But added, "No apology or financial award can adequately
compensate a family that loses a loved one because the wrong address was on
the search warrant." (id.)
The article is tough on the issue, but it failed to ask the question: "Is the risk worth
catching a drug dealer?" Some cities have decided that trying to catch suspects in
high-speed chases are "not worth the risk" and therefore the policy is to let the
suspect get away. Too often, innocent people had been hurt and killed, not to
mention the damage from the inevitable crash.
Must the police crash through a house, toss
grenades while armed, ready to fire off a round
from their guns, to catch drug dealers?

In EVERY drug dealer case, the "dealer" has already been seen dealing drugs
by the officer, or there is a witness to the drug deal, usually the buyer. If this is
not true, then the "case" is faulty.
When the police raid a house to catch a drug dealer, they are only trying to
arrest him or her. And seize any evidence available.
The reason, there is a search warrant, is that the "sale" has already been made
sometime earlier, days and weeks and even months ago! In most drug raids,
the situation is that an informant has told the police that a person is dealing
drugs and may also assist the officers in what they call a "controlled buy." The
"confidential reliable informant" (It is lawfully required that the informant has
proven to be reliable.) is given money and sent to the dealer. When the
informant comes back to the police with drugs, the conclusion is that there is a
person selling drugs. Next, a search warrant will be obtained to raid the
premises. It may take a few days to a month to get the warrant and organize the
officers for the raid. The occupancy of the premises will invariably have
changed. So when the police kick in the door, the dealer may not even be there,
or there may be others that have nothing to do with the prior deal. There is so
much that can go wrong. And remember, these police will have their weapons
ready to SHOOT! They bring with them a battering ram to bust the door(s) down.
They are lawfully required to knock and announce themselves and wait at least
20 seconds before they force their way in, but in the few raids I have witnessed,
they just burst in. And it sounds like a bomb went off. If your door has a window
on it, the sound of breaking glass and wood is that much more frightening.


THERE IS NOTHING SO SERIOUS ABOUT A PAST DRUG DEAL that it takes such
intense, immediate action like an armed raid. And to figure that a grenade
needs to be tossed in the house is ludicrous!
CHILDREN MIGHT BE THERE OFFICER!!! OLD PEOPLE!!! THE HOUSE COULD CATCH ON FIRE!!!
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Good God, people, what are our police doing?

These are not 'enemy combatants" that have been shooting at the police or
others, most drug users are pacifists.
Most defendants of drug raids are arrested not for "sales," but for "possession"
of whatever drug evidence was found. The informant in the "controlled buy" is
very rarely brought to court and the evidence from the purported buy is very
rarely presented in court. The reason is, most controlled buys very rarely take
place. That is why the police do not make the arrest right after the "controlled
buy." The alleged sale is usually a fabrication made into a report and very rarely
challenged in trial. The report will be used to obtain the search warrant and the
judge NEVER asks to see the evidence from the alleged buy. It is an artifice the
police have discovered gets them the warrant without having to do much
investigating. If there is no drug evidence, the police simply leave. If the suspect
is of a real concern to the police, that is, they want him or her off the street, or if
the police encounter causes a problem, they will plant drug evidence. But it is
difficult to plant drugs on old people and children 11 years-old and make it look
convincing.
But what happened in the above cases? The police either relied on an
informant that was not reliable or the information was too old to rely on. It
seems these police did not even try to stage a controlled buy to assure that
drugs were being sold or stored in the premises.
Keep this in mind whenever you hear the police had a search warrant. These
officers presumably did. Why? How did they get a judge to issue it? They had
the slightest of proof to present to a judge, yet, they were given the authorization
to arm themselves and raid these homes with all the danger that that act brings
with it. It is clear that the police never had any proof that these people were
dealing, so perhaps the police wanted to arrest them for possession. And that
makes the aggressive police action that more absurd.

[In my case, I had just gotten out of prison from a prior
drug conviction, I was on parole, and the police
encounter was going very bad for them - I had no
drugs. Claiming they made a drug bust explained the
harassment they had caused that day. –dm]
Whatever drug evidence may be in the house, it is not volatile, ready to explode
like a bomb. There is no reason to react in such an emergency to get into that
house. The police will say they need the advantage of surprise because the drugs
could be flushed down the toilet.
Dear reader, if a toilet can flush drugs away, there really wasn't
that much to find anyway. Not enough to risk taking someone's
life for - or even burning down the house!
"The list of drug war victims goes on and on. I am talking
about kids, old ladies, completely innocent people, shot
and killed not by gangs, not by robbers or drug dealers,
not by schoolyard shooters or kids playing with guns, but
by those sworn to protect our lives."